Los Alamos Cleanup At the Crossroads: Treat All Los Alamos Lab Radioactive Wastes Consistently

Los Alamos Cleanup At the Crossroads:

Treat All Los Alamos Lab Radioactive Wastes Consistently

The Defense Nuclear Facilities Safety Board’s role and responsibility includes gathering information regarding the hazards to the public and workers posed by the management of transuranic (TRU) wastes at Los Alamos National Laboratory (LANL), as well as the Department of Energy’s (DOE) plans to address those hazards. The Board will examine DOE’s actions taken or inadequacies addressed in the current safety policies of the various facilities that manage or store TRU wastes at LANL. The Board is also interested in understanding actions taken to improve TRU waste management at LANL after the improper handling and treatment of TRU wastes that resulted in a ruptured barrel that shut down the Waste Isolation Pilot Plant (WIPP).

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Los Alamos Cleanup At the Crossroads – New Cleanup Agreement Requires New Schedule and That Is About All

Los Alamos Cleanup At the Crossroads

New Cleanup Agreement Requires New Schedule and That Is About All

Following protracted negotiations, threatened litigation, and claims of imminent and substantial endangerment, the New Mexican Environment Department (NMED), the Department of Energy (DOE) and the Los Alamos National Laboratory (LANL) contractor agreed to sign the original Consent Order in March 2005. Its promise was fence-to-fence cleanup of Cold War legacy waste at Los Alamos. The 2005 Consent Order was designed as a plan-to-make-a-plan, with investigations followed by cleanup and with hundreds of specific milestones. The intent was to convince DOE to increase funding for LANL cleanup by making a complete cleanup schedule subject to enforcement. The original CO had a “final compliance date” scheduled for December 6, 2015.

However, in 2012, NMED signed a “Framework Agreement” with DOE that prioritized the transfer of 3,706 cubic meters of aboveground, “transuranic” (TRU) nuclear bomb production wastes from LANL to the Waste Isolation Pilot Plant (WIPP) in southern New Mexico. This put Consent Order cleanup on the back burner. Approximately 150 milestone extensions of the 2005 CO were granted to LANL by NMED. In February 2014, WIPP was shut down by improper packaging at LANL of a drum of this waste. Dealing with the remaining “suspect” drums (packaged at the same time) at LANL is a major priority lately instead of cleanup. This has kept the Consent Order cleanup on the back burner.

 

  • Just change the schedule

So NMED and LANL could pick a new final cleanup date, say 2030, and work backwards. Or start by adding 4 or 5 years to the old schedule for some reports and work it out from there. The point is to keep the original 2005 Consent Order language, which is very protective of the health and environment of Northern New Mexico, and just change the schedule dates. However the work is rescheduled, all the work items in the old Compliance Schedule Tables need to be addressed in new Compliance Schedule Tables with new dates given for all the work.

Recent public presentations by NMED implied that cleanup milestones in a revised CO would be assigned annually based on the anticipated budget. This would leave hundreds of cleanup items with no target date for completion and would leave cleanup at the mercy of Congressional budget winds. Any cleanup item not on the list for any given year could be outside the scope of enforcement. LANL could be in the position to not put items on the annual list and to delay cleanup forever.

If the schedule must be rearranged into some sort of “Campaign Mode” in an attempt to make cleanup more “efficient”, completion dates must be kept for every step. Every item in the Campaign must remain enforceable with concrete milestones including a final compliance date. All other items not in a Campaign must remain scheduled.

 

  • Lack of budget cannot be an excuse for lack of cleanup

Taking cleanup dollar crumbs and sprinkling them annually over some perceived priority cleanup items is the least efficient way to address the fence-to-fence cleanup of Cold War wastes at Los Alamos. Cleanup of the 70 years worth of contamination will never again be cheaper than it is this year. It is imperative that ambitious schedule be made and that it be kept.

Every day of delay means another day of Cold War radioactive and hazardous wastes leaking into the environment of Northern New Mexico.

  • Particular items to keep –  meaningful public comment and a final date

NMED Secretary Ryan Flynn stated publicly (starting at 8:00 min) that the need for a final cleanup date at Los Alamos is critical to Congress for funding. He presented a map that showed that Los Alamos National Laboratory was the only DOE weapons site without final cleanup date. (Slide 4) Instead, cleanup at LANL is listed as “TBD” (To Be Determined).

The final compliance date for the last work item must keep the Class 3 permit modification language. Please see our earlier blog for more information. This will ensure that the public can be heard at the end of the next CO and requires the opportunity for a public hearing.

There must be meaningful public input for the revised CO. NMED must give response to all comments.

A well-planned schedule with concrete milestones and final compliance dates would get the work done faster and cheaper. Course corrections with schedule adjustments will have to be made along the way. This would be expected for such a complex task. Having to adjust the schedule is no reason to throw it out. Any major rewrite of the 2005 Consent Order may only leave the future of NM less protected.

Not keeping up with changes in the 2005 Consent Order schedule is the main reason that the CO needs to be revised today. We currently find ourselves with cleanup of legacy wastes in such disarray that it seems that the only fix is to start over. But there is no reason not to just update the original 2005 schedule. Secretary Flynn has stated that the 2005 Consent Order is still in effect.

Today we could be looking at a known Consent Order with a new schedule. Instead we may end up with NMED and DOE renegotiating some untried document with unknown benefits and an unknown schedule.

Cleanup at Los Alamos National Laboratory is too important to leave as TBD.

 

DOE Cold War Sites Closure Dates map
Current Estimated Dates for Final Cleanup of Cold War Nuclear Weapons Sites

 

 

 

 

Baseless Claims?

Baseless Claims?

In the January 20th, 2016 Albuquerque Journal article, Nuclear Watch to sue over LANL cleanup problems, by Mark Oswald, there is an interesting quote from New Mexico Environment Department (NMED) Secretary, Ryan Flynn, in response to our notice of intent to sue DOE/LANL.

“Flynn said Wednesday, “These are nothing more than baseless claims being peddled by a radical group that insists on wasting everybody’s time with empty threats and manufactured disputes, which helps them grab headlines and juices their fundraising efforts.””

The main point in Nuclear Watch New Mexico’s Notice of Intent to sue is based on the calendar. In particular, the mandatory final compliance report that was to be submitted under the 2005 Consent Order Compliance Schedule was to be submitted by December 6, 2015.

The report was not submitted by December 6, 2015.

It is now January 25, 2016, which is after December 6, 2015.

The final report is late – see calendar.

The federal law that was incorporated into the 2005 Consent Order, and the Consent Order itself, specify certain actions that must be taken when a deliverable does not meet its due date. For instance, DOE/LANL must request an extension. In the case of extending this final scheduled compliance deadline, there are “Class 3” permit modification requirements, like the opportunity for a public hearing, that are required.

Interestingly, because NukeWatch believes that the ball is DOE/LANL’s court to request an extension of time for the December 6, 2015 report, NMED is not named in our notice of intent to sue.

 

LANL In No Hurry With Emergency Response Plans

LANL In No Hurry With Emergency Response Plans

In the recent letter, the Defense Nuclear Facilities Safety Board told DOE that they were concerned with the pace and completeness of the emergency preparedness and response efforts at Los Alamos National Laboratory (LANL).  The Board is an independent organization that provides recommendations and advice regarding public health and safety issues at Department of Energy (DOE) defense nuclear facilities.

After LANL recently confessed “[a] sustainable, comprehensive, and coordinated training and drills program has not been fully implemented as required” per DOE requirement Comprehensive Emergency Management System,  the Board staff made some preliminary observations indicating weaknesses in emergency preparedness and response at LANL. And the Safety Board plans to perform a comprehensive review of emergency preparedness and response programs at LANL in early 2016.

 

Some of the preliminary observations were –

  • The emergency response plans that involve the inappropriately remediated nitrate salt drums, like the one that exploded and shut down WIPP, have not been updated to reflect the current understanding of the release hazards. Consequently, pre-planned evacuation zones may be not be large enough for members of the public in the event of an accident.
  • Planning and conduct of emergency drills and exercises do not ensure that scenarios are sufficiently challenging and minimize artificiality and simulation and do not represent the full spectrum of credible accident types.
  • Exercises show the inability to effectively shelter laboratory workers in place during a release of hazardous materials.
  • Radios don’t work much of the time.

 

These types of problems should not consistently be showing up where safety is a priority. It will be interesting to see how much of a factor these emergency preparedness issues played in LANS, the current Lab for-profit management contractor, losing its job.

We hope the new LANL contractor can keep safety first.

 

 

Federal Nuclear Safety Oversight at LANL Remains Drastically Understaffed

Federal Nuclear Safety Oversight at LANL Remains Drastically Understaffed

A recently released report, Office of Enterprise Assessments Targeted Review of Work Planning and Control and Biological Safety at the Los Alamos National Laboratory (LANL), December 2015, explains nuclear safety oversight staffing shortages.

The Office of Enterprise Assessments (EA) is the Department of Energy’s (DOE) organization responsible for assessments of nuclear and industrial safety, and cyber and physical security. DOE has regulatory authority over the radiologic facilities, operations, and wastes of the nuclear weapons complex. (Whereas the State of New Mexico has regulatory authority over non-radiological, hazardous operations and wastes.)

LANL is managed and operated by Los Alamos National Security, LLC with oversight by DOE’s Los Alamos Field Office (NA-LA). On a good day, NA-LA, with around 100 total on staff, would have their hands full providing oversight for LANS’ 13,000 employees and contractors scattered over nearly 40 square miles.

Lack of Safety Oversight Staff, with No Help in Sight

But the recent report (which was investigated in June and July, 2015) explains that NA-LA has funding for only 6 out of the 12 (at the least) required Facility Representative (FR) positions. An FR is defined as an individual assigned responsibility by the local field office for monitoring the safe and efficient performance of a facility and its operations. This individual is the primary point of contact with the contractor for operational and safety oversight.

DOE has a process to determine adequate Facility Representative staffing. The NA-LA FR staffing analysis for 2015 indicated that 17 FRs are needed to cover 13 Hazard Category 2 nuclear facilities, 4 Hazard Category 3 nuclear facilities, 11 High Hazard facilities, 12 moderate hazard facilities, and 7 low hazard facilities. NA-LA figured that only 12 FRs were needed and that 10 were on board. However the current NA-LA organization chart shows 7 FRs, one of whom has been on detail as the acting chief of staff for over a year and has not maintained his FR qualifications. There are no current plans to fill the vacancies. Due to staffing shortages, FR oversight is limited to the nuclear facilities. The bottom line is that the current NA-LA staffing level is 6 FRs fewer than the requirement of 12 stated in the Work Force Analysis and Staffing Plan Report. (Pg. 25)

This staff shortage is exacerbated by the fact that NA-LA has not approved LANS’ contractor assurance system (CAS), which is required by DOE orders. DOE’s version of Contractor Assurance is a contractor-designed and utilized system to manage performance consistent with contract requirements. The system provides transparency between the contractor and DOE to accomplish mission needs, and for DOE to determine the necessary level of Federal oversight.

A rigorous and credible assessment program is the cornerstone of effective, efficient management of programs such as environment, safety, and health; safeguards and security; cyber security; and emergency management.

The NA-LA oversight processes include an evaluation of the CAS primarily through staff assessments. Also, NA-LA annually approves the annual performance evaluation plan, which is an element of the CAS system.

It is NA-LA’s oversight of the 2015 Performance Evaluation Report (which has not yet been publically released) that lead to DOE ending LANS’ contract at LANL in 2017. We give a tip of the hat to NA-LA for being so diligent about poor LANL performance while being so short-handed. It makes me wonder what other problems may be as yet undiscovered. Would the LANL waste drum packing mistake, which shut down the Waste Isolation Pilot Plant (WIPP), have been caught if NA-LA was fully staffed? The estimated cost of reopening WIPP is $.5 billion and climbing.

It is irresponsible for DOE not to provide its Los Alamos Field Office with its required staffing and resources. The lack of oversight is not only dangerous. It can be expensive.

NukeWatch insists that Federal safety oversight of DOE nuclear and hazardous activities be the first priority. Fully staffed oversight is essential for worker and public safety. This will be especially important as the new contractor takes over operations of LANL in 2017.

Taxpayers con not afford to have any less in place.

 

 

Governor Udall?

Governor Udall?

Michael Coleman had an interesting article for the Albuquerque Journal – Does New Mexico’s future lie in D.C.?

Coleman relates a conversation with NM Senator Tom Udall that made it clear the Senator isn’t ruling a gubernatorial run out.

It’s not surprising to think that Udall – who has been in Washington as a congressman and U.S. senator since 1998 – might want to come home to beautiful Santa Fe and take up residence in the governor’s mansion as a coda to his long political career.

Just two years into his second six-year term in the Senate, Udall could run for governor without giving up his Senate seat, which doesn’t expire until 2020. If he won the 2018 governor’s race, he would appoint his Senate replacement. That kind of power is alluring to any politician.

But as Coleman says, “it’s all just a parlor game at this point.”

Despite Uncertainty of When/If WIPP Will Reopen, DOE Hatches Plan to Send More Waste

Despite Uncertainty of When/If WIPP Will Reopen,

DOE Hatches Plan to Send More Waste

In a recent  Albuquerque Journal Editorial Board Editorial: Another WIPP delay spells more tax dollars wasted, we are reminded of the delays affecting the reopening  of the Waste Isolation Pilot Plant (WIPP), which has not been disposing radioactive waste since February 2014 when an improperly packed drum from Los Alamos exploded.

Almost two years later, the WIPP contractor struggles to figure out how to clean and reopen the underground repository. Serious concerns revolve around the ventilation system, which not cannot supply the required amount of air now because it must be operated in filter mode ever since WIPP was contaminated.

As the Journal editorial explains,

So while the delays pile up, so do cleanup and reopening costs, which may exceed $500 million.

With bumbling progress like this, it remains to be seen if WIPP will ever reopen.

Yet surprisingly, DOE just released a plan to send MORE waste to WIPP.

A Federal Register notice announces the DOE selection of a Preferred Alternative to prepare 6 metric tons (MT) of surplus non-pit plutonium for eventual disposal at WIPP.

In the Final Environmental Impact Statement (EIS), issued to the public in May 2015, DOE describes the potential environmental impact from alternatives for safe and timely disposition of 13.1 metric tons (14.4 tons) of surplus plutonium for which a disposition pathway is not yet assigned. When the Final EIS was issued, DOE had no Preferred Alternative for the disposition of the 6 metric tons (6.6 tons) of surplus non-pit plutonium.

The Federal Register Notice for DOE/NNSA’s Preferred Alternative for Disposition of Surplus Non-pit Plutonium for the Final Surplus Plutonium Supplemental EIS is expected to be published in the Federal Register by Thursday, December 24, 2015.  The Final SPD Supplemental EIS and related information, including the Federal Register notice will also be available on the SPD Supplemental EIS website, and the DOE National Environmental Policy Act website.

Since WIPP doesn’t have capacity (even if it re-opens) for this additional waste, putting it into WIPP would, among other things, displace waste from other site(s) – Idaho, Hanford, Los Alamos, or Oak Ridge.

The Record of Decision will not be released for at least 30 days. Comments are not requested, but can be made, regarding the notice.

Our friends at Southwest Research and Information Center will be making additional comments about this proposed expansion of WIPP.

The WIPP contractor has much to do before the repository can safely reopen. The task may be unachievable. But in the meantime, expanding WIPP’s mission can only make reopening WIPP more schedule driven instead of safety driven.

If DOE wants to make useful plans, how about plans for WIPP’s replacement?

Four Strikes and You’re Out

Four Strikes and You’re Out

In stunning news on December 18, Justin Horwath of the SF New Mexican reported that the management and operating contractor of Los Alamos National Laboratory will not have its contract renewed after it ends Sept. 30, 2017. This is stunning because LANS LLC, the M&O contractor, could have potentially run the Lab until for 20 years until 2026, had it not had so many problems.

The annual contract for FY 2016 was over $2.2 billion. This means that Los Alamos National Security (LANS) left upwards of $20 billion (9 years of lost contract) on the table. It’s not often that a company gets the opportunity to make mistakes that costs them $20 billion worth of contracts. 

The management of the Lab was privatized when LANS was awarded the contract in 2005. LANS is a partnership between the University of California, Bechtel Corp., Babcock & Wilcox Co., and AECOM (formerly URS). Before 2005 the University of California exclusively managed LANL as a non-profit. The for-profit experiment for managing the Lab will hopefully be reconsidered. 

As a reminder, Nuclear Watch NM, along with our friends at Tri-Valley CARES, submitted a bid to manage the Lab back in 2005We thought the management should be non-profit and that nuclear weapons research should be phased out.

The overall direction of future missions at the Los Alamos National Laboratory (LANL) – We propose to downgrade the Lab’s nuclear weapons programs and subordinate them under a new Associate Directorship of Nuclear Nonproliferation so that it can be better assured that national and international obligations under the NonProliferation Treaty are met.

LANS lost the M&O contract because they failed to earn the “award term” 4 times. The award term is simply another year added to the contract. Section H-13(f) of the current contract states, ‘If the Contractor fails 4 times to earn award term, the operation of this Award Term clause will cease.” 

LANS lost award term in 2013.

Then, LANS lost award term in 2014 AND had one extra award term that was previously earned taken away because of improperly packing the radioactive waste drum that shut down WIPP.

And LANS lost this award term for 2015. LANL may be negotiating this, but they got a waiver in 2012 that granted them an award term when they didn’t actually earn it. They were told that was their last waiver.

That’s four.

These award terms are based on the Lab’s Performance Evaluation Reports (PERs), which thanks to a successful Freedom of Information Act lawsuit by NukeWatch, are available onlineWe wonder if having these available to the public could have helped the National Nuclear Security Administration (NNSA) in any way to not give the award terms. 

We do thank NNSA and the DOE LA Field Office for sticking to their guns by providing genuine oversight of the Lab this go-around. But the past few years serve as a reminder of the dangerous and difficult side of nuclear weapons work, the continuing health impacts to workers, and the impossibility of isolating the radioactive waste for hundreds of thousands of years. When will the US decide that it’s just not worth it?

The SF New Mexican also tells that NM Congressional delegation has weighed inWe agree with the joint statement issued by U.S. Sens. Tom Udall and Martin Heinrich and U.S. Rep. Ben Ray Luján that, “DOE must hold all of its contractors accountable and be responsible stewards of federal funds.”

But we have some questions about this statement:

“Los Alamos National Laboratory employs some of the best and brightest minds in the country whose contributions are indispensable to our national security. The lab also strengthens our economy by providing quality jobs, and we will always fight to protect its mission. As DOE prepares a new contract proposal, assuring continuity for the employees at LANL and the high-quality scientific, energy, and security contributions they make to our nation will be paramount. We are confident that Los Alamos will continue to have a critical role in national and international security, research and science. We expect to receive further details and regular briefings from NNSA as the process moves forward in the new year.”

The delegation’s joint letter seems to demonstrate how overly concerned they are with LANL’s “mission” of nuclear weapons production and with the institutional benefit of profit-making national security contractors. The Lab’s actual contributions to energy research and basic science are also a small proportion to the taxpayer dollars expended there.

A major rewrite of the Lab’s missions is needed where true national security is not based on nuclear weapons.

SF New Mexican – LANL misses cleanup deadline set in 2005 for largest waste site

There are a couple of minor inaccuracies in this story, for instance – “which blazed through waste dump site “Area R.” Nor sure what this refers to.
And – “ the lab has missed several milestones, including a June 2014 deadline to remove above-ground radioactive waste — delayed due to last February’s leak at WIPP.” Technically, removing the TRU is not part of the Consent Order.
~S

http://www.santafenewmexican.com/news/local_news/lanl-misses-cleanup-deadline-set-in-for-largest-waste-site/article_188344ac-0fb9-50a6-9ec1-fa2979a0d9b2.html

LANL misses cleanup deadline set in 2005 for largest waste site

Posted: Monday, December 7, 2015 6:45 pm | Updated: 10:41 pm, Mon Dec 7, 2015.
By Rebecca Moss
The New Mexican

A significant deadline to remove all major waste from a key Los Alamos National Laboratory site by Dec. 6 went unmet this weekend.

The deadline Sunday was set in 2005 as part of an agreement between the lab, the state Environment Department and the U.S. Department of Energy. However, officials have said the initial guidelines for cleaning up waste from decades of nuclear weapons production are no longer realistic within the time frame, following the burst of a LANL drum at a waste repository in Southern New Mexico in 2014. That caused a radiation leak that shut down a significant portion of the repository.

The shutdown of the Waste Isolation Pilot Plant near Carlsbad has pushed back the completion of the cleanup project — estimated to cost more than $1 billion.

A revised cleanup agreement is anticipated for 2016, although a release date has not been scheduled.

Allison Majure, a spokeswoman for the New Mexico Environment Department, said despite delays, the intent of the consent order for the LANL cleanup has not changed. “Just because the milestone passed does not mean the consent order is not in effect,” she said Monday.

She said public opinion has been solicited on the revised order.
Representatives for Los Alamos National Laboratory said they were unable to provide comment on the status of the order Monday.

Sunday’s deadline focused on “Area G,” LANL’s largest waste deposit site. A local watchdog group, Nuclear Watch New Mexico, said comprehensive cleanup for the site “is still decades away.”

In a statement released Monday, Nuclear Watch stressed the need for public participation in the revised cleanup order, including a public hearing, and condemned a plan proposed by LANL to “cap and cover” waste in Area G.

“Cleanup just keeps being delayed. If not corrected, cleanup simply won’t happen,” said Jay Coghlan, executive director of Nuclear Watch.

“Nobody ever thought cleanup would be fully completed by the end of 2015; nobody is under any illusions about that,” he added.

The 2005 consent order came in response to a lawsuit between the Energy Department and the state Environment Department following several events that triggered federal pressure, including the Cerro Grande Fire in Los Alamos in 2000, which blazed through waste dump site “Area R.” Officials at the time feared the fire could spark an explosion.

Since the consent order was issued, however, the lab has missed several milestones, including a June 2014 deadline to remove above-ground radioactive waste — delayed due to last February’s leak at WIPP.

During a meeting in November, state Environment Secretary Ryan Flynn said remaining cleanup costs under the 2005 order have been estimated at $1.2 billion by the federal government, but that these projections are too low; he said additional funds would be needed to meet cleanup targets, as well as the reappraisal of “unrealistic” milestones.

Below are the underground units at Area G –

Underground Pits and shafts at Area G
LANL Area G Underground Disposal Pits and Shafts

 

 

 

 

 

 

 

 

 

 

 

 

 

More from the SF New Mexican at:

http://www.santafenewmexican.com/news/local_news/lanl-misses-cleanup-deadline-set-in-for-largest-waste-site/article_188344ac-0fb9-50a6-9ec1-fa2979a0d9b2.html

NukeWatch Calls for Public Seats at the Table in LANL Cleanup Negotiations

For immediate release December 7, 2015

Contacts: Jay Coghlan, jay[at]nukewatch.org

Deadline for Last Cleanup Milestone of LANL Consent Order Passes

NukeWatch Calls for Public Seats at the Table in Negotiations

Santa Fe, NM – Yesterday, December 6, was the deadline for the last compliance milestone in the Consent Order between the New Mexico Environment Department (NMED) and the Department of Energy (DOE) that governs cleanup at the Los Alamos National Laboratory (LANL). Ironically, that last milestone required the submittal of a report by the Lab on how it successfully completed cleanup of Area G, its largest waste dump. Real comprehensive cleanup is decades away at current funding levels. One of the purposes of the 2005 Consent Order was to prod Congress to increase funding for cleanup of 70 years of neglected Cold War contamination at the Lab.

NMED has the final decision on what form cleanup of hazardous wastes takes at LANL. But any revised Consent Order is still off in the future, and the degree of public participation in its formulation yet to be determined by NMED. Meanwhile, LANL plans to “cap and cover” Area G, thereby creating a permanent nuclear waste dump in unlined pits and shafts, with an estimated 200,000 cubic yards of toxic and radioactive wastes buried above the regional groundwater aquifer, 4 miles uphill from the Rio Grande.

Following protracted negotiations and threatened litigation by DOE against NMED, the Environment Department succeeded in getting DOE and the LANL contractor to sign the original Consent Order in March 2005. However, beginning in 2012, NMED signed a “Framework Agreement” with DOE that prioritized the transfer of 3,706 cubic meters of aboveground, monitored “transuranic” (TRU) wastes from nuclear bomb production at Area G to the Waste Isolation Pilot Plant (WIPP) in southern New Mexico.

The stated rationale of this so-called 3706 Campaign was to minimize the risk from wildfire following the 2010 Las Conchas Fire that burned within 3.5 miles of Area G. However, if those TRU wastes were really at risk from wildfire, they would have burned during the 2000 Cerro Grande Fire that came within a half-mile of Area G. The Framework Agreement allowed LANL to discontinue most legacy cleanup to concentrate on TRU shipments that should have already been completed.

Moreover, the 3706 Campaign itself ended in disaster in February 2014 when an improperly treated radioactive waste drum from LANL ruptured at WIPP, contaminating 21 workers and indefinitely closing down that multi-billion dollar facility. Dealing with the 59 similarly treated “suspect” drums still at LANL will use a substantial amount of scarce cleanup funding for at least the next two years. Combined with the need to address a large chromium groundwater plume discovered after the original Consent Order went into effect, cleanup of buried mixed radioactive wastes will remain on the back burner, if ever addressed.

Further, since 2011 LANL has requested and NMED perfunctorily granted more than 150 milestone extensions, thus effectively eviscerating the Consent Order without public comment and consent. Which brings us to today, after the last compliance milestone deadline has expired, with little cleanup actually accomplished since 2012. A new schedule of cleanup is on hold until a revised Consent Order is negotiated.

Previously NMED Secretary Ryan Flynn has said that a draft revised Consent Order would be released for a 60-day public comment period before the end of 2015. But as of mid-November negotiations had not started. More recently Secretary Flynn has said that a draft renewed Consent Order would be released only after the schedule of payments is finalized for a $73 million settlement over WIPP violations. WhileNuclear Watch New Mexico appreciates NMED’s firmness on the WIPP settlements, we would like to see the same amount of zeal applied to enforcing cleanup at LANL through the Consent Order.

NukeWatch strongly believes that much more vigorous public participation steps, including the opportunity for a public hearing, are legally required by the existing Consent Order. Specifically, the March 2005 Consent Order incorporated the full public participation requirements applicable to hazardous waste permits. Federal environmental regulations, which are incorporated into New Mexico state regulations, establish the public participation procedures for various types of permit modifications, including extending final compliance dates. These are deeper levels of public participation than the 60-day public comment period that NMED is currently contemplating. In our view, a 60-day public comment period on a draft Consent Order is tantamount to commenting on a done deal already negotiated between DOE and NMED.

Scott Kovac, Research and Operations Director for Nuclear Watch New Mexico, stated, “The requirements are clear for deep and meaningful public participation in LANL cleanup decisions, including the opportunity for the interested public to have a seat at the negotiating table and the possibility for a public hearing. NMED must make Cold War legacy cleanup a priority at LANL and should start by prioritizing full public participation while negotiating the revised Consent Order.”

Jay Coghlan, NukeWatch Executive Director, added, “Ultimately this is all about the future of cleanup at LANL, which is receiving less federal funding while the nuclear weapons programs that created the mess to begin with are getting more money. We want nothing short of comprehensive cleanup at the Los Alamos Lab. That would be a real win-win for New Mexicans, permanently protecting our water and the environment while creating hundreds of high-paying jobs.

# # #

Read much more background.

Nuclear Watch’s letter to Secretary Flynn – on Consent Order public participation requirements.

The existing Consent Order governing cleanup at LANL 

 

Area G at LANL

Important Public Meeting On the Future of Cleanup At Los Alamos – Join Us on November 12

Important Public Meeting On the Future of Cleanup At Los Alamos – Join Us on November 12

The future of hundreds of thousands of cubic meters of radioactive and hazardous wastes is being evaluated now. Will Northern New Mexico be turned into a permanent nuclear waste dump?

The New Mexico Environment Department (NMED) and Los Alamos National Laboratory (LANL) have been revising the 2005 Consent Order (CO), which is the agreement between the State and the Feds for fence-to-fence cleanup of legacy Cold War wastes. The work in the CO, was supposed to be completed by December 2015. It was designed as a plan-to-make-a-plan with investigations of contaminated sites followed by cleanup decisions and remediation. Milestones and penalties were included to keep funding and cleanup on track.

What have LANL and NMED come up with to replace the 2005 Consent Order? Looks like we’ll have to wait until Thursday November 12th to find out. NMED and LANL have announced a public meeting to explain their ideas for the revised CO. There is an opportunity for public comments at the special meeting and we need you there. But it is unclear what NMED will do with any comments made. The public has been left out so far. Nuclear Watch New Mexico is pressing for meaningful responses to all comments and for actual inclusion of the public’s wishes into the revised CO.

In particular NukeWatch will be pushing for concrete milestones that are set from the beginning for all actions, for penalties when deadlines are not met, and for a new final end date. The revised Consent Order cannot be open-ended.

Northern New Mexico has been waiting long enough for cleanup at Los Alamos. Much of the waste buried in unlined dumps perched above our aquifer has been slowly releasing into the ground and heading towards our aquifer since the 1950s and 1960s. The Cold War ended in the early 1990s. Enough is enough.

We hope to see you at the meeting on November 12.

Northern New Mexico Citizens’ Advisory Board Meeting

Revised NMED/ LANL Consent Order Special Meeting

Thursday, November 12, 2015

1:00 p.m. to 4:30 p.m.

Cities of Gold Conference Center

10-A Cities of Gold Road

Pojoaque, New Mexico 87506

 

DRAFT AGENDA

1:00 p.m. Call to Order – Lee Bishop, DDFO

Welcome and Introductions  – Doug Sayre, Chair

Approval of Agenda

Opening Remarks

1:15 p.m. New Mexico Environment Department Perspective on Revised Consent Order – Secretary Flynn

1:30 p.m. Department of Energy Perspective on Revised Consent Order – Doug Hintze

1:45 p.m. History of Work Already Completed – Doug Hintze

2:00 p.m. Campaign Approach – Doug Hintze

2:30 p.m. Break

2:45 p.m. Campaign Approach (continued) – Doug Hintze

3:30 p.m. Schedule of Actions – NMED

3:45 p.m. Public Comment Period

4:30 p.m. Adjourn – Lee Bishop

 

Underground Pits and shafts at Area G

NukeWatch Pushes Environment Department for More Public Input in Los Alamos Cleanup

NukeWatch Pushes Environment Department for More Public Input in Los Alamos Cleanup

An in-depth article, Consent order facing changes, by Mark Oswald in the Albuquerque Journal (October 9, 2015) lays out how legacy waste cleanup at Los Alamos National Laboratory (LANL) is being negotiated between DOE and the NM Environment Department (NMED) without the fully required public participation. The 2005 Consent Order (CO), which addresses the fence-to-fence cleanup of hundreds of thousands of cubic meters of Cold War legacy radioactive and hazardous waste in the ground at the Lab, was due to reach it’s final milestone this December. For many reasons, including the closure of WIPP due to improper radioactive waste drum packing practices at LANL, the December 2015 deadline will not be meet.

Please don’t think that, just because deadlines were not reached that it was a failure. Much progress on cleanup at LANL was made under the 2005 Consent Order. About 2,100 cleanup sites were originally identified, ranging from small spills to large landfills. Cleanup of about half of the sites has been completed. Initial investigation of about 90 percent of the remaining sites has been completed. Many cleanup alternatives were also investigated at the remaining sites and options have been presented. A groundwater monitoring well infrastructure was installed, with more monitoring wells on the way.

In Oswald’s article, NMED’s Kathryn Roberts stated that, “The 2005 deal was focused on investigative work and characterization of LANL’s legacy waste.” We at NukeWatch, feel that the goal of the 2005 Consent Order was always the cleanup of LANL and that the investigations and characterization of the many waste sites were just the first steps. There are milestones in the CO, with dates, for the actual cleanup of all the legacy waste sites at Los Alamos. The lab’s final “milestone” from the 2005 Consent Order was supposed to be a “remedy completion report,” due on Dec. 6, on how Area G, the Lab’s largest waste site, had been cleaned up.

NMED and DOE/LANL are negotiating the new CO now and have publically stated plans to rollout the draft for the new CO this November for a 60-day public comment period. Nuclear Watch NM believes that these negotiations must have public input.

This gets us to one of our main reasons why we feel the need for more public input. We are concerned that the new CO will not have enforceable milestones for all cleanup projects from the beginning. Deciding every 1 to 3 years which sites will be addressed for a cleanup ‘campaign’ and then what that schedule should be will insure that Los Alamos never addresses all the sites. This would revert cleanup back to the way it was done before the 2005 Consent Order with budget driving cleanup. But the purpose of the CO is to have cleanup drive the budget.  A schedule for all cleanups must be set from the beginning and the Lab must be held accountable every step along the way by getting the money and doing the work on time.

We will insist on a new final compliance date for the last milestone of the last legacy cleanup project. Cleanup at Los Alamos cannot be open-ended.

NukeWatch’s September 21 letter to NMED that explains our position that a “Class 3 Permit Modification” is required is here.

The 2005 Consent Order, as modified, is here.

 

Major Protests at U.S. Warhead Facilities Across the Nation Unite to Decry Trillion Dollar Plan for New U.S. Nuclear Weapons

For more information:
Ralph Hutchison, Oak Ridge Environmental Peace Alliance, [email protected]
<mailto:[email protected]> , 865-776-5050
Marylia Kelley, Tri-Valley CAREs, Livermore, mailto:[email protected]
<mailto:[email protected]> , 925-443-7148
Other key national and regional contacts are listed at the end of this release

For immediate release, August 4, 2015

HISTORIC 70TH ANNIVERSARY OF ATOMIC BOMBING OF HIROSHIMA, NAGASAKI:

Major Protests at U.S. Warhead Facilities Across the Nation Unite to Decry Trillion Dollar Plan for New U.S. Nuclear Weapons; Advocate Disarmament

A thousand or more peace advocates, Hibakusha (A-bomb survivors), religious leaders, scientists, economists, attorneys, doctors and nurses, nuclear analysts, former war planners and others across the country are coming together to commemorate the 70th Anniversary of the U.S. atomic bombings of Hiroshima and Nagasaki this August 6 through 9 at key sites in the U.S. nuclear weapons complex.

Major commemorations, rallies, protests and/or nonviolent direct actions will place at the Lawrence Livermore National Laboratory in CA, the Los Alamos National Laboratory in NM, the Kansas City Plant in MO, the Y-12 Plant in TN, the Rocky Flats Plant in CO, the Pantex Plant in TX, and in GA near the Savannah River Site. These events are united by their reflection on the past, and, uniquely, their focus on the present and future with a resolute determination to change U.S. nuclear weapons policy at the very locations that are linchpins in producing the new trillion dollar stockpile of nuclear weapons and their delivery vehicles.

“We stand on the brink of a new, global nuclear arms race,” noted Ralph Hutchison, the longstanding coordinator for the Oak Ridge Environmental Peace Alliance. “This is epitomized by government plans for a new Uranium Processing Facility to produce H-bomb components at Y-12, including for new-design weapons.”

“U.S. plans to ‘modernize’ the arsenal are also underway at Livermore Lab,” stated Marylia Kelley, Tri-Valley CAREs’ executive director. “A new Long-Range Stand Off warhead design and the start of plutonium shots in the Lab’s National Ignition Facility reveal two facets of this new arms race,” Kelley continued. “In contrast to the cold war, which was largely about sheer numbers, the new arms race and its dangers stem from novel military capabilities now being placed into nuclear weapons.”

Around the world, pressure for the U.S. to show leadership toward the abolition of nuclear weapons is growing. Pope Francis has repeatedly pressed the moral argument against nuclear weapons, inveighing not only against their use but also against their possession. In the wake of the successful Iran agreement, many are suggesting that since it has been settled that it would never be legitimate for Iran to obtain a nuclear weapon, shouldn’t we also agree that the 16,000 nuclear weapons in existence have no legitimacy either. Moreover, 113 governments recently signed the “Humanitarian Pledge,” circulated by Austria, to press the U.S. and other nuclear weapons states to fulfill their disarmament obligations.
Actions this week at U.S. nuclear weapons facilities will highlight the mounting international calls for nuclear abolition, with U.S. organizers lending their deep and often unique “on the ground” knowledge from the gates and fence lines of the facilities involved in creating new and modified U.S. nuclear weapons. “This 70th anniversary should be a time to reflect on the absolute horror of a nuclear detonation,” mused Ann Suellentrop of Physicians for Social Responsibility-Kansas City, “yet the new Kansas City Plant is churning out components to extend U.S. nuclear weapons 70 years into the future. The imperative to change that future is what motivates me to organize a peace fast at the gates of the Plant.”

Key events at U.S. nuclear weapons complex sites include:
• Y-12
– pastoral letter, remembrance, rally and nonviolent direct action, peace fast and lanterns. (More at http://orepa.org/action/hiroshimanagasaki-70/ <http://orepa.org/action/hiroshimanagasaki-70/> )
• Livermore Lab – peace camp, August 6 rally and nonviolent direct action, peace fast at the gates. (More info at www.trivalleycares.org <http://www.trivalleycares.org> )
• Los Alamos Lab – film screening, panels, rally and conference (More at www.nuclearwatch.org <http://www.nuclearwatch.org> )
• Kansas City Plant – atomic photographers exhibit, speakers, film screening, and peace fast at the gates. (More info at www.psr.org/chapters/kansas/ <http://www.psr.org/chapters/kansas/> )
• Savannah River Site – film screening, vigil, and circle of hope. (More: www.nonukesyall.org <http://www.nonukesyall.org> )
• Rocky Flats Plant – peace quilt, concert, film screening, labyrinth mourning walk. (More from [email protected] <mailto:[email protected]> )
• Pantex Plant – Hiroshima exhibit, panel discussion. (More at: www.peacefarm.us <http://www.peacefarm.us> )

These and other Hiroshima events and actions at sites in the U.S. nuclear weapons complex are being led by organizations that are members of the Alliance for Nuclear Accountability, which represents about three dozen groups. More about ANA can be found at www.ananuclear.org <http://www.ananuclear.org> .

ANA contacts available for interviews include:
Joni Arends
, Concerned Citizens for Nuclear Safety, [email protected] <mailto:[email protected]> ,  505 986-1973 (NM sites)
Jay Coghlan, Nuclear Watch New Mexico, [email protected] <mailto:[email protected]> , 505-989-7342 (NM sites)
Ann Suellentrop, Physicians for Social Responsibility-KC, [email protected] <mailto:[email protected]> , 913-271-7925 (MO site)
Kevin Kamps, Beyond Nuclear, [email protected] <mailto:[email protected]> , 240-462-3216 (Ohio sites)
Jerry Stein, Peace Farm, [email protected] <mailto:[email protected]> , 806-351-2744 (TX site)
Judith Mohling, Rocky Mountain Peace & Justice Center, [email protected] <mailto:[email protected]> , 303-447-9635 (CO sites)
Glenn Carroll, Nuclear Watch South, [email protected] <mailto:[email protected]> , 404-378-4263 (SC, GA sites)
Paul Kawika Martin, Peace Action, [email protected] <mailto:[email protected]> , 951-217-7285 (in Hiroshima)
Ralph Hutchison, Oak Ridge Environmental Peace Alliance, [email protected] <mailto:[email protected]> , 865-776-5050 (TN sites)
Marylia Kelley, Tri-Valley CAREs. [email protected] <mailto:[email protected]> , 925-443-7148 (CA sites)
Jackie Cabasso, Western States Legal Foundation, United for Peace & Justice, [email protected] <mailto:[email protected]> , 510-839-5877 (CA sites, calendar of national events)

Additional resources for media:
Physicians for Social Responsibility calendar and map of Hiroshima and Nagasaki actions at: www.psr.org/news-events/events/hiroshimadayevents-2015.html <http://www.psr.org/news-events/events/hiroshimadayevents-2015.html>
United for Peace and Justice, Nuclear Free Future Month calendar of events at: www.nuclearfreefuture.org <http://www.nuclearfreefuture.org>

###

 

Please join Nuclear Watch New Mexico and Global Zero at CCA for the premier of “Message from Hiroshima.”

Please help us prepare for Thursday evening by registering today. Speaking of silent auctions, we have a great list of items that can be yours.

For instance, one of the pieces is “Daybreak” by Santa Fe artist Jamie Chase (18” x 24”, 2015)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Other items include this beautiful canvas printed photograph from “Ireland, One Island, No Borders” by Elizabeth Billups and Gerry Adams (16” X 24” 2005)

 

 

 

 

 

 

 

 

 

 

 

 

Chuck Montano will be joining us for a benefit sale of autographed copies of his recently published, “Los Alamos: A Whistleblower’s Diary,” documenting fraud and abuse at the Los Alamos National Laboratory. All sales will benefit us

This Thursday evening, August 6, is the 70th anniversary of the Hiroshima atomic bombing.

Please join Nuclear Watch New Mexico and Global Zero at the Center for Contemporary Arts for the premier of “Message from Hiroshima.” This will followed by a panel discussion of nuclear weapons issues by Valerie Plame of Global Zero, Rev. John Dear of Campaign Nonviolence, and Jay Coghlan of NukeWatch.

 

Tickets for the event are:

$25 for a 6:30 pm reception with the panel members, the film and panel discussion.

$15 for the film at 7:30 and panel discussion afterward.

Reservations are recommended – call CCA at (505) 982-1338.

https://web.archive.org/web/20181029175616/https://www.ccasantafe.org/cinematheque/upcoming-films

Center for Contemporary Arts, 1050 Old Pecos Trail, Santa Fe, NM

 

As we work toward a future world free of nuclear weapons, we hope you will join us to commemorate the day that changed history 70 years ago.  We look forward to seeing you. If you have any questions, please contact us at 505-989-7342. Tax-deductible financial contributions to the two organizations are encouraged!

 

Event Sponsored by VES & HET Fund For Change

Special thanks to Santa Fe Brewery Co, Kelly’s Liquor Barn, and CCA.

WIPP Sold With a 10,000 Year Guarantee

WIPP Sold With a 10,000 Year Guarantee

WIPP CRA Meeting June 17 2015, Albuquerque, NM

 

10,000 years ago:

  • Jericho has been inhabited for a thousand years
  • Many megafauna go extinct, including the giant ground sloths, woolly rhinoceros, cave bear, and sabre-toothed cats (Mammoths survive in small groups for another 6500 years)
  • Cattle are domesticated and the plow is invented
  • In what is now northern Iraq, cultivation of barley and wheat begins.
  • Beer is first brewed.

 

10,000 years from now:

  • Sea levels will rise 3 to 4 meters
  • Technological civilization could reach end of its lifespan
  • Humanity has a 95% probability of being extinct
  • Pioneer 10 will pass within 3.8 light years of Barnard’s Star
  • The Waste Isolation Pilot Plant, for nuclear weapons waste, is planned to be protected until this time, with a “Permanent Marker” system designed to warn off visitors through both multiple languages (the six UN languages and Navajo) and through pictograms

 

Department of Energy and Environmental Protection Agency officials are also guaranteeing that the Waste Isolation Pilot Plant (WIPP) in southeast New Mexico will not release larger amounts of radiation for 10,000 yrs from the time that WIPP closes. Before recent events, WIPP was to end operations in the 2030 to 2035 timeframe when the last underground waste panel was full of nuclear weapons generated transuranic waste. Then there will be a 5-10 year period where it will be filled in and closed.

This 10,000-year guarantee is reevaluated and recertified every 5 years during a Compliance Recertification Application (CRA) process. EPA, has a unique authority – included in the WIPP Land Withdrawal Act – regarding radiation. EPA could deny certification and close WIPP down.  EPA last recertified WIPP in November 2010. The recertification decision is not subject to judicial review.

The protection requirement focuses on the annual radiation dose to a person living on the surface just outside the WIPP Land Withdrawal Act (LWA) boundary. In particular, the LWA requires that the “WIPP be constructed in such a manner as to provide a reasonable expectation that, for 10,000 years after disposal, undisturbed performance of the disposal system will not cause the annual committed effective dose equivalent (hereafter called “dose”) to exceed 15 millirems (mrem) (150 microsieverts) to any member of the public in the accessible environment.” (Pg. 55-1)

The difference this go ‘round is that a waste drum, improperly packaged at Los Alamos National Laboratory, released radiation and contaminated 21 workers at WIPP in February 2014.  WIPP has been closed since then. Hundreds of similarly improperly packaged drums are still in the underground at WIPP.

But wait, due to the CRA cycle, input data for this CRA was cut off in December 2012. It is unclear how information from the 2014 accident will impact this CRA. What is WIPP but the sum of all its operations? But DOE claims that current operations will not cause any radiation releases for the 10,000 years after WIPP closes.

 

How can such a claim be made? DOE uses computer modeling to do a Performance Assessment (PA). DOE claims that the information can be boiled down to a simple chart. 

Figure PA- 83. CRA-2014 PA and CRA-2009 PABC Overall Mean CCDFs for Total Normalized Releases

I can’t explain it but I was assured that that the 2014 CRA showed that WIPP was safer for 10,000 years than the 2009 CRA showed. (The solid 2014 curve is farther away the notched “Release Limits” line than the dashed red 2009 curve.) Image that – WIPP allegedly got safer in the last 5 years.

 

I guess the good news is that DOE and EPA are thinking about 10,000 years. The bad news is that we have to. We cannot continue to generate this waste that is only safe into the future because some software deems it so. The existing radioactive waste should be monitored and stored as close to the generating site, as safely as possible, where it was generated.

The radioactive isotope of the transuranic waste in WIPP is mostly plutonium 239. Plutonium 239 has a half-life of 24,000 yrs – more than twice the time addressed in this assessment.

 

Thanks to all who came out to the WIPP/EPA meetings last Wednesday, June 17.  And thanks for your concern in this important issue.

 

Read Olivier Uyttebrouck’s Albuquerque Journal Report on the afternoon session.

There is a video of the evening session comments.

All the Compliance Recertification Application documents are here

 

There is an opportunity to comment.

Please consider commenting that:

EPA must consider including all aspects of the Feb 2014 accident in this CRA.

EPA must forward all public comments to DOE for an official response.

EPA must re-inspect LANL before it can ship to WIPP.

EPA should re-inspect and approve all waste generating sites related to waste characterization before allowing WIPP to reopen.

Do not recertify WIPP until an independent qualified organization (independent of DOE, DOE con) provides an analysis that WIPP operation meets the intents and the promises made to New Mexico, is compliant with all statutory and regulatory requirements.

 

Please contact me if you have any questions.

 

NM Environment Department Starts Clock on Four Legacy Waste Penalties at LANL

NM Environment Department Starts Clock on Four Legacy Waste Penalties at LANL

The New Mexico Environment Department (NMED) has sent notices to Los Alamos National Laboratory (LANL) that the State intends to assess penalties for four environmental reports that have missed required deadlines. Each report could be subject to penalties of $1000 per day for the first 30 days late and $3000 per day thereafter starting at the date of the notice. These four assessments for FY2015 reports under the Consent Order (CO) showed up on the Los Alamos Electronic Public Reading Room (EPRR) daily notifications.

These four are the first Stipulated Penalties since 2009 that have assessed by NMED under the 2005 Consent Order. In January 2012, the State and DOE/LANL agreed to a “Framework Agreement”, which focused on shipping transuranic (TRU) waste from LANL to WIPP, and put the CO on the back burner. We believe that there were no Stipulated Penalties Lists at all for FY13 and FY14. NMED granted approximately 100 extensions to CO deliverables during this time, which were not subject to penalties.

Before the beginning of each DOE fiscal year (October 1st) NMED and DOE/LANS work out which 15 deliverables to the CO will have potential penalties attached during the upcoming fiscal year. These deliverables are documents or reports that cover activities required under the 2005 Consent Order, which lays out the fence-to-fence cleanup of legacy waste on the Lab’s 36 square miles. For instance, after a mandatory monitoring well is drilled, a Well Completion Report would be required. Each year there may be 40 to 50 or so deliverables required by the State, of which only 15 are chosen to be subject to penalties for being late or deficient.

TRU waste shipments stopped in February 2014 when a TRU waste drum (improperly packaged at LANL) overheated and released radiation in the underground at WIPP. The radiation reached the surface of WIPP and contaminated 21 workers. This TRU waste at LANL is not actually covered under the Consent Order, but much of the aboveground TRU (originally scheduled to be shipped before 2012) is physically in the way of CO cleanup at the Lab.

In December 2014, NMED fined DOE/LANL $37 million and DOE/WIPP $17 million for the release at WIPP. NMED Secretary Ryan Flynn has hinted that there may be up to $104 million in possible additional fines to DOE/LANL that also have nothing to do with consent order. But the four recent notices are all about the Consent Order.

These CO Stipulated Penalties may seem small compared the potential $100 million fines, but the Consent Order itself is the primary driver for cleanup at the Lab. There are millions of cubic meters of hazardous and radioactive wastes and contaminated backfill buried at LANL. These wastes will pose a permanent threat to our aquifer unless removed.

“The Consent Order was designed to keep pressure on cleanup of legacy waste at Los Alamos. Penalties for missed deadlines are aimed at forcing DOE headquarters in DC to provide sufficient funding. We are pleased that NMED is focusing on the Consent Order again and not backing away from assessing penalties. We have a long way to go and we must all remain vigilant as the Lab addresses each of the many cleanup sites at Los Alamos.” ~ Scott Kovac, Operations and Research Director, Nuclear Watch New Mexico

Consent Order Stipulated Penalty Documents for Federal Fiscal Year 2015

LANL Consent Order Extensions as of Jan 6 2015

Intent To Assess Stipulated Penalties – Phase II Investigation Report For Upper Canada Del Buey Aggregate Area, March 13, 2015

Intent To Assess Stipulated Penalties – Investigation Report For Upper Water Canyon Aggregate Area, March 13, 2015

Intent To Assess Stipulated Penalties – Installation And Instrumentation Of Six Boreholes At Material Disposal Area T at Technical Area 21, March 18, 2015

Intent to assess stipulated penalties – Investigation report for Starmer/Upper Pajarito Canyon Aggregate Area

 

 

Los Alamos Cleanup Budget Request Slips to 8% for FY 2016

 

Los Alamos Cleanup Budget Request Slips to 8% for FY 2016

 

 

 

 

 

 

 

Even as Los Alamos National Laboratory (LANL) faces more fines from the State for missed environmental cleanup, the cleanup budget request slips to 8% of the Lab’s total budget of $2.2 billion. The request for cleanup for Fiscal Year 2016 is $185.2 million. See the full chart and Lab tables here.

Even this ridiculously small amount is under attack. The ABQ Journal reported that the Department of Energy could be planning to pay for existing LANL fines out of this cleanup budget. In December 2014 the New Mexico Environment Department (NMED) issued fines totalling $37 million for improper waste handling that closed the Waste Isolation Pilot Plant in SE NM.

But really, the breeched drum that closed WIPP (full operations will not resume until 2018 at the earliest) came from the nuclear weapons activities programs. It’s like the weapons program handed the environmental cleanup program a ticking time bomb and said, “You deal with it.” Then when it blows up, it gets blamed on the environment folks. Reckless historic environmental practices by the nuclear weapons programs at the Lab have left a legacy of radioactive and hazardous wastes in the ground above our aquifer.

The official estimate for the total cleanup at Los Alamos has yet to be released. But it could easily $15 – 20 billion to remove the contamination threatening our future. Doing the math, a $15 billion cleanup estimate at $200 million per year would take 75 years. That is too long.

Ask your Congressional Representatives to fully fund cleanup at Los Alamos National Laboratory and to NOT use cleanup funds to pay any fines!

NM Senator Tom Udall

NM Senator Martin Heinrich

NM Congressional Representative Ben Ray Lujan

Questions for the DOE FY 2016 Nuclear Weapons and Cleanup Budget Request

The Administration releases its  Congressional Budget Request this Monday, February 2, 2015.

Questions for the U.S. Department of Energy FY 2016 Nuclear Weapons and Cleanup Budget Request

From

Alliance for Nuclear Accountability

A national network of organizations working to address issues of nuclear weapons production and waste cleanup

The US nuclear weapons budget continues to spiral out of control. Look for double-digit increases in Department of Energy (DOE) weapons activities. Core nonproliferation programs will be cut because of funding for mixed-oxide fuel. Cleanup of radioactive and toxic pollution from weapons research, testing, production and waste disposal will fall further behind. The DOE budget for FY 2016 will illuminate the Obama Administration’s misplaced nuclear priorities.

The Alliance for Nuclear Accountability (ANA), a 28-year-old network of groups from communities downwind and downstream of U.S. nuclear sites, will be looking at the following issues. For details, contact the ANA leaders listed at the end of this Advisory.

— Does the budget request boost funding for “modernization” programs that indefinitely maintain nuclear warheads? Such funding is contrary to the Obama Administration’s previously declared goal of a future world free of nuclear weapons.

— Does the budget reflect the Administration’s commitment to reduce funding (currently $335 million) on the multi-billion dollar Uranium Processing Facility at Oak Ridge by downsizing it to the capacity needed to support stockpile surveillance, maintenance and limited life extension?

— Does the budget increase funds for nuclear weapons dismantlement capacity? Will cooperative programs with Russia be maintained?

— Is there increased funding for expanded production of plutonium bomb cores? Why is expanded production needed when expert studies find that existing plutonium pits are durable?

— Is more than $300 million provided for the National Ignition Facility (NIF) at Livermore Lab that has repeatedly failed to achieve “ignition”? What is the funding level for uncontained plutonium shots although they will taint the NIF target chamber and optics with alpha radiation?

— Does the budget seek an increase for the B61 Life Extension Program (currently $643 million)?

— As DOE affirms that the $30-billion plutonium fuel (MOX) project at the Savannah River Site is financially unsustainable, is the MOX plant construction again proposed for “cold standby” (~$200 million) or a level to barely allow it to survive (~300+ million)? Does the budget include the current validated base-line cost of MOX plant, a validated construction and operation schedule and names of nuclear utilities willing to use experimental MOX fuel?

— Does the budget include $0 for Yucca Mountain? No funding is consistent with past requests that terminate this technically flawed site that is strongly opposed by Nevada state officials and the public.

— Does the budget provide additional Environmental Management (EM) funding (currently $5 billion) to meet all legally mandated cleanup milestones? States say cleanup agreements at a dozen major sites are underfunded by hundreds of million dollars.

– How will DOE and its contractors pay fines for missing milestones? In the past three months, the states of New Mexico, Idaho, and Washington have issued fines of tens of millions of dollars, and fines loom in South Carolina. In which other states does DOE face fines and lawsuits for missing milestones?

— What is the high range for total life-cycle cleanup costs (LCC) for EM sites? Because of funding shortfalls, High Range LCC costs have increased from $308.5 billion in the FY 2013 Budget Request, to $330.9 billion in the FY 2014 Request, and were $328.4 billion in the FY 2015 Request.

— How much does the budget include for the shut down of the Waste Isolation Pilot Plant (WIPP)? How much is for recovery and how much for waste emplacement (previously $220 million a year) even though no waste is being emplaced? How much additional funding is requested for the Idaho National Lab, Los Alamos, Savannah River, and Oak Ridge because of the shutdown?

— Does the budget for Hanford (more than $2 billion) protect workers from toxic chemical exposures, provide an Operational Readiness Review of the nuclear safety of the Waste Treatment Plant, and fund construction of new double-shell tanks to replace the leaking ones?

— Does the budget increase funding (currently $28.5 million) for the Defense Nuclear Facilities Safety Board (DNFSB) to provide independent oversight of DOE projects because of the many cost overruns, schedule delays, safety culture issues and technical problems?

— Is the funding for design and licensing of Small Modular Reactors (SMRs) enough to make them viable? As private financing is lacking, will DOE reaffirm that it will not finance SMR construction?

 

For further information, contact:

Jay Coghlan jay(at)nukewatch.org

 

Download the pdf and more contact info here.

 

Nuclear Weapons Sites Evaluations Released After NukeWatch requests

Performance Evaluation Reports For Nuclear Weapons Sites Continue to be Released After Nuclear Watch NM Freedom of Information Act requests

In response to a Freedom of Information Act (FOIA) lawsuit filed by Nuclear Watch New Mexico on March 28, 2012, the National Nuclear Security Administration (NNSA) released the FY2011 Performance Evaluation Reports for its eight nuclear weapons sites. These reports are the government’s scorecard for awarding tens of millions of dollars to nuclear weapons contractors, and were available to the public until 2009. But after that time NNSA withheld them in a general move toward less contractor accountability. We sought to begin to reverse that with our litigation.

In Spring 2013, NNSA released “Summary Reports” of the Weapons Sites’ FY2012 Performance Evaluation Reports (PERs). Nuclear Watch NM requested and received the full reports, which are posted on our site.

By Fall 2014, the FY2013 had still not been made publically available. In November 2104, Nuclear Watch NM filed a Freedom of information Act request for the FY2013 PERs. These PERs were posted online in December 2014.

Getting tired of waiting for the PERs every year made us file a Freedom of Information Act request for the FY2014 PERs sooner, which we did in mid December. The FY14 Performance Evaluation Reports were released this week, which is the earliest in the year that the PERs which been released in many years.

NNSA should be posting these important reports online without making us take up our valuable time filing for them. The Freedom of Information Act requires that “Frequently Requested” documents be posted in a reading room.

We don’t like it that we have to keep asking for the same reports year after year, especially reports that relate to such important programs and such large sums of taxpayers’ money. NNSA But we will keep doing it.

Check out our NNSA Performance Evaluation Page.

 

Nonproliferation Expert Highlights Need for New Tools for Nuclear Nonproliferation and Verification

Nonproliferation Expert Highlights Need for New Tools for Nuclear Nonproliferation and Verification

January 12,2015, nonproliferation expert Dr. James Doyle is releasing a report making the case for expansion of the nation’s nonproliferation programs, and will brief key congressional staff on his findings. While in Washington DC, Dr. Doyle is also meeting with the Department of Energy on his contractor employee protection (AKA whistleblower) program complaint regarding his termination from the Los Alamos National Laboratory (LANL). The Lab claims he was merely laid off, after he wrote his study Why Eliminate Nuclear Weapons? arguing for abolition. LANL initially cleared his study for release, but then retroactively classified it, despite the fact that it was already available on the Internet.

Dr. Doyle’s new study, Essential Capabilities Needed for Nuclear Security: A National Program for Nonproliferation and Verification Technology Development, builds upon his earlier study. In this new study, written in collaboration with Nuclear Watch New Mexico, Doyle seeks to encourage development and/or deployment of new and existing verification and monitoring technologies that would help make a future world free of nuclear weapons more technically and politically feasible.

Doyle observed, “Nonproliferation and arms verification have for too long been considered “soft power” tools of the diplomatic and arms control communities. Real nuclear security requires that we now consider these capabilities as vital elements of our national security infrastructure. They are potent “smart power” tools offering unique advantages in a rapidly evolving nuclear security environment, which unfortunately includes the threat of nuclear terrorism. Aggressive verification and monitoring technologies will produce a far greater national security return on the taxpayer dollar than will exorbitant “modernization” programs for an unnecessarily oversized nuclear arsenal.”

He continued, “As America allegedly reduces its reliance on nuclear weapons and hopefully further reduces the size of its stockpile, it needs new tools and new capabilities to keep weapons and materials secure and verify that other nations are complying with similar obligations. To meet these needs a new, integrated multiagency program to develop nonproliferation, verification and monitoring technologies for nuclear security should be initiated without delay.”

Some key findings of Doyle’s new report are:

• The program to develop new nonproliferation, verification and monitoring technologies should be funded as a core aspect of the nation’s nuclear infrastructure modernization plan, and thus implemented jointly by the National Nuclear Security Administration and the Department of Defense, with guidance from the State Department, intelligence community and National Academy of Sciences.

• Responsibility for this interagency mission should be assigned to high-level officials who have budget and program authority across the nuclear weapons and nonproliferation programs within the Departments of Defense and NNSA. The State Department should assign a senior task force leader to coordinate with the DoD and NNSA program directors.

• The program should maximize international collaboration, including Russia. Program plans and activities should be a central element of the P-5 dialogue on verification. Other non-nuclear weapons states that support verification and monitoring R&D should also be involved.

· The need for this program was formally codified as an explicit objective in the Obama Administration’s 2010 Nuclear Posture Review, and has been repeatedly articulated by both the U.S. government and independent assessments. That need should be met now. Failure in the form of a nuclear detonation on American soil (or anywhere) is not an option

Jay Coghlan, Nuclear Watch Director, commented, “The nuclear weapons establishment is planning to spend more than a trillion dollars to “modernize” existing weapons, and build new missiles, subs and bombers. Meanwhile, the NNSA is cutting nonproliferation and dismantlement programs to help pay this colossal bill. This is exactly upside down. We should be making smart investments into new nonproliferation, verification and monitoring technologies that will help make a world free of nuclear weapons feasible, eliminating the threat for all time.”

Dr. James Doyle’s report is made possible by the support of the Ploughshares Fund.

His full report, Essential Capabilities Needed for Nuclear Security:

A National Program for Nonproliferation and Verification Technology Development, is available here.

It contains an extensive list of already developed verification and monitoring technologies that have yet to be broadly deployed to help protect the nation.

An executive summary is available here.

Doyle’s February 2013 study Why Eliminate Nuclear Weapons? is available here.

 

 

 

GAO Seeks Broader Analysis For Proposed Liquid Waste Facility at LANL

GAO Seeks Broader Analysis For Proposed Liquid Waste Facility at LANL

The Government Accounting Office (GAO) was mandated to review the  “analysis of alternatives” (AOA) process applied by NNSA. The process entails identifying, analyzing, and selecting a preferred alternative to best meet the mission need by comparing the operational effectiveness, costs, and risks of potential alternatives. GAO developed a set of practices by reviewing AOA policies and guidance used by seven public and private-sector entities with experience in the AOA process. GAO’s review of DOE’s requirements for AOAs found that they conform to only 1 of the 24 best practices: the practice of defining functional requirements based on mission need.

DOE and NNSA officials acknowledge that unreliable AOAs are a risk factor for major cost increases and schedule delays for NNSA projects. As GAO has previously reported, NNSA has spent billions of dollars designing and partially constructing projects with an estimated cost of $750 million or more, only to later reassess alternatives. NNSA may continue on this path and continue to have limited assurance that it is selecting alternatives that best meet its mission needs and will not result in major cost increases and schedule delays in the future.

Overall, the National Nuclear Security Administration’s (NNSA) analysis of alternatives (AOA) conducted for the Radioactive Liquid Waste Treatment Facility (RLWTF) project only partially met best AOA practices. The mission need for this project—to replace the current, aging facility—was approved in October 2004. NNSA approved an initial AOA for this project in 2006, and after substantial cost increases, conducted a second AOA (analyzed here) in 2013. NNSA currently estimates the project will cost between $168 million and $220 million.

The GAO compared the AOA conducted at the Radioactive Liquid Waste Treatment Facility at LANL with AOA best practices in 24 areas.

For instance in best practices, the team or the decision maker defines selection criteria based on the mission need. What LANL actually did only partially met best practices because the Lab included in the project documentation brief summaries of the selection criteria used but did not describe how these were based on the mission need. LANL included only one of these selection criteria—the scope—in the mission need statement.

In another case, the team or the decision maker is supposed to weigh the selection criteria to reflect the relative importance of each criterion. Here best practices were not met because LANL did not include weighting selection criteria in project documentation.

The ailing facility is still operating.

During 2013, all treated water from the RLWTF was fed to the effluent evaporator. The evaporator was operated 3654 hours on 201 days during 2013, in both one-burner and two-burner mode. A total of 2.64 million liters of treated water were fed to the evaporator, and 2.55 million liters were discharged to the environment as steam from the evaporator stack.

Curies of radioactive materials fed to the effluent evaporator during 2013 were calculated by multiplying the evaporator feed volume (2,638,330 liters) times the flow-weighted average concentration of each radionuclide. Feed to the effluent evaporator in 2013 contained approximately 4.9E-04 curie alpha radioactivity, 3.35E-04 curie beta radioactivity, and 1.7E-02 curie of tritium.

This RLWTF is vital to nuclear weapons production operations at the Lab. But equipment failures could pose a risk to facility workers.

 

DOE AND NNSA PROJECT MANAGEMENT: Analysis of Alternatives Could Be Improved by Incorporating Best Practices

GAO-15-37: Published: Dec 11, 2014. Publicly Released: Dec 11, 2014.

 

Authors: Del Signore, John C. [Los Alamos National Laboratory]

2014-11-25, LA-UR-14-29097

Comments to DOE Re: Transition of Legacy Clean-up Work at Los Alamos National Laboratory

December 10, 2014

Jack R. Craig, Jr.

DOE EM

Re: Transition of Legacy Clean-up Work at Los Alamos National Laboratory

Mr. Craig,

Please consider these preliminary comments and requests concerning the transition of legacy clean-up work at Los Alamos National Laboratory.

Through comprehensive research, public education and effective citizen action, Nuclear Watch New Mexico seeks to promote safety and environmental protection at regional nuclear facilities; mission diversification away from nuclear weapons programs; greater accountability and cleanup in the nation-wide nuclear weapons complex; and consistent U.S. leadership toward a world free of nuclear weapons.

First, we request that alternatives to the current Department of Energy contract process be considered. The privatization of the nuclear weapons complex may be failing the U.S. taxpayer. Cost overruns plague the current system. Different variations of the same contractors still continue to line up for different variations of the same contracts. Yet, with a few exceptions, cleanup only crawls along. Many of the sites are still contaminated decades after the work was completed.  And now, WIPP is shut down.

We ask that alternatives such as looking to governmental agencies instead of private contractors be tasked with cleanup at Los Alamos. For instance, could the Army Corp. of Engineers do the job?

We also strongly request that alternatives to “No-Bid” and “Cost-Plus” contracts be considered first. Recently, Senate Armed Services Committee Chairman John McCain spoke to prohibit the Pentagon from awarding cost-plus contracts, arguing such deals encourage nefariousness. (DefenseNews.com, December 5, 2014)

Second, if a conventional contract is used, we request that the following specific items be included in the proposed new EM contract at LANL. We also ask that these items be included in the ‘bridge’ contract:

  • Must be tied to LANL Consent Order and LANL RCRA permit.
  • Any “campaigns” must be legally binding, and not used as justification to miss Consent Order milestones.
  • Should be more incentive based – less fixed.
  • Should be more transparent like ARRA, including public availability of Performance Evaluations.
  • Should have dramatically lower overhead costs, for example lower security and no LDRD costs. These overhead costs should be made public just as the old Functional Support Costs were available to the public.
  • Must include public update meetings semi-annually.
  • Should favor local/regional economic development.
  • Must have public update meetings at least semi-annually.

Third, for the new bridge contract and any final contract we ask:

  • Cleanup must continue at current pace during transition.
  • There must be a new lifecycle baseline – with the range with assumptions spelled out. Comprehensive cleanup must be considered, not just cap and cover.
  • Corrective Measures Evaluations must be completed on all areas as one of the priorities.

Finally, concerning the new bridge contract, the synopsis doesn’t address the issue of how much LANS will be paid under the to-be-finalized bridge contract in relation to how much it would have been paid under the existing contract. It also doesn’t state which of the tasks mentioned are different than under the existing contract. We request that costs and tasks be fully described in the to-be-finalized bridge contract.

Thank you for your consideration in these matters and please call if you have any questions.

Sincerely,

Jay Coghlan                                                            Scott Kovac

Executive Director                                                Research Director

Safety Analysis Flaws Plague Los Alamos TRU Waste Handing Facility

Safety Analysis Flaws Plague Los Alamos TRU Waste Handing Facility

The Defense Nuclear Facilities Safety Board (DNFSB) believes that the Radioassay and Nondestructive Testing (RANT) Shipping Facility at Los Alamos National Laboratory must resolve safety issues prior to resuming operations. The DNFSB staff review team identified “significant flaws” in hazard and accident analyses.

The RANT Shipping Facility is used to load transuranic (TRU) waste, typically either waste drums or standard waste boxes, into TRUPACT shipping containers. This facility supports the LANL TRU program and will be used long-term. The RANT Shipping Facility is currently in standby with no TRU waste present, pending the resumption of TRU waste shipments.

In November 2013, the contractor, LANS, submitted a new safety analysis, called a Documented Safety Analysis (DSA), to DOE oversight officials at the Los Alamos Field Office (LAFO) for approval. In February 2014, WIPP was shut down due to a radiation leak in the underground. It is believed that wheat-based kitty litter was mixed with nitrate salts in a transuranic waste drum as it was processed at Los Alamos that potentially caused the reaction that breached the container. In July 2014, LAFO completed its review of the RANT DSA and noted only four actions needed.

The DNFSB staff reviewed the DSA and identified significant weaknesses in the hazard analysis (HA), accident analysis, and safety controls. The review revealed inadequate identification and implementation of safety controls to protect the public and workers.

The DNFSB report found that LANS and LAFO underestimated consequences from potential crane failure accidents, seismic events, and fires. Underestimating possible consequences like these can lead to increased radiologic releases to the environment.

Defense Nuclear Facilities Safety Board Staff Issue Report September 29, 2014

Below is a Google Earth image of the RANT facility. Notice the 8 TRUPACT trailers with three round TRUPACT containers each on them.

NukeWatch Urges Increasing DOE Accountability in Wake of Fines

On December 6, the New Mexico Environment Department (NMED) declared multiple violations at both the Waste Isolation Pilot Plant (WIPP) and Los Alamos National Laboratory (LANL). NMED plans to fine WIPP $17.7 million and LANL $36.6 million due to major procedural problems related to the handling of radioactive transuranic (TRU) wastes that contributed to two significant incidents at WIPP earlier this year.

In addition to “failure to adequately characterize waste” and other violations, LANL was cited for the processing of nitrate-bearing wastes and adding neutralizing agents to that waste stream. LANL treated this procedure as if it was outside the state hazardous waste permit, but NMED determined that these operations were not exempt. LANL treated 100s of waste drums without a permit, and one of these was apparently the cause of the February 14, 2014 radioactive release at WIPP that contaminated 21 workers.

WIPP was cited for, among other violations, not notifying NMED in a timely fashion of the February 14 radioactive release.

The $36.6 million fine at LANL is based on up to $10,000 per day per non-compliance, but still represents less than 2% of the Lab’s $2.1 billion annual budget. The contractor that runs the Lab, Los Alamos National Security, LLC, is eligible to earn $57 million in bonus award fees for the fiscal year that ended last September 30th. The fines should be taken out of the bonuses.

NMED stipulated that the penalties couldn’t be paid for out of designated funding for environmental cleanup or operational needs at LANL and WIPP.

Nuclear Watch New Mexico applauds these efforts to hold the Department of Energy accountable in New Mexico and we urge NMED to not negotiate these relatively modest fines down, as is typically the case. These fines should be paid out of the contractor’s profits. The Lab had this waste for over 20 years and still could not get it right. We hope these NMED fines are a wake up call for safe, comprehensive cleanup of all the wastes left from the Cold War at the Los Alamos Lab.”

NMED information is available here.

NNSA Considers Stuffing More Plutonium Into New Facility

Despite the fact that no one has come up with a good reason to increase plutonium pit production for the nation’s nuclear weapons stockpile, officials want to study the possibility of radically increasing the amount of plutonium allowed in a recently completed laboratory at the Los Alamos National Laboratory.

The Deputy Administrator for National Nuclear Security Administration (NNSA) Defense Programs, Don Cook, has requested an analysis to increase the radioactive materials inventory in the recently completed Radiological Laboratory Utility Office Building (RLUOB) to up to 400 grams of plutonium-239, the isotope used in nuclear weapons. The RLUOB, which originally was limited to 8.4 grams of Pu 239, was built as Phase 1 of the Chemistry and Metallurgy Research Replacement Project at LANL that would have expanded plutonium pit production to 50 – 80 pits per year (pits are the radioactive cores of nuclear weapons). LANL’s current capacity is 20 pits per year. Phase 2 of the CMRR project, the “Nuclear Facility,” was canceled because of lack of clear need and a bulging ten-fold increase in costs.

This RLUOB, along with some floor space in the existing Plutonium Facility (PF-4), will replace the old Chemistry and Metallurgy Research Building, which is slated for closure in 2019. The Laboratory was working on a plutonium strategy to move out of CMR and maintain the current plutonium capability.

But NNSA recently increased the maximum amount of radiological materials allowed in the RLOUB, and all “radiological” facilities, from 8.4 grams to 38.6 grams. Internal Lab documents floated plans that could have increased the limit again by two or three times by treating each little laboratory in the RLUOB as its own radiological facility. This could have increased the limit to 115.8 grams of Pu239.

But NNSA apparently wants to go big. The new analysis is to consider the RLUOB as a Hazard Category 3 nuclear facility, which is a huge step up from its current designation as a radiological facility.

Scott Kovac, Research and Operations Director for Nuclear Watch New Mexico, said, “This turkey of a plan is stuffed with bad ideas – The RLUOB is not seismically qualified for that amount of plutonium. A new supplemental environmental impact statement will be needed. There is no need for more plutonium pits, except for new nuclear weapons, because they last for around 100 years and nuclear weapons stockpiles are decreasing. And apparently LANL can’t safely handle plutonium anyway, as major operations with plutonium have been paused since June 2013 because of nuclear criticality safety issues. Finally, it was LANL’s improper handling of plutonium waste that contaminated 21 workers at the Waste Isolation Pilot Plant, causing it to close with at least a half billion dollars in costs to reopen. We say no to more plutonium at Los Alamos!”

# # #

Read the Defense Nuclear Facilities Safety Board report here.

 

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